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1 Our Disclosures
Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
Nothing in these terms limit your rights under the Australian Consumer Law.
2 Welcome to the Startmate Program!
2.1 These terms and conditions (Terms) are entered into between Startmate Ops Pty Ltd ABN 11 618 178 957 (we, us or our) and you, together the Parties and each a Party.
2.2 You have registered, or will register, for one of the programs outlined on our Site (Startmate Program).
2.3 You accept these Terms by:
a. clicking “I accept”;
b. paying us part or all of the Fees; or
c. your conduct, for example, by participating in the Startmate Program, including on the basis of a scholarship.
2.4 By accepting these Terms:
a. it is understood that you have read and agreed to these Terms; and
b. you warrant that you meet the eligibility criteria for the relevant Startmate Program as outlined on our Site.
c. you confirm you are over 18 years of age.
2.5 No variation or amendment to these Terms, or commitment or representation relating to it, shall be valid unless confirmed in writing by us.
3 Startmate Program
3.1 In consideration for the Fees (or $1 payable on demand if you are participating in the Startmate Program on a scholarship), and subject to your compliance with these Terms, we will provide the Startmate Program to you, whether ourselves or through our Personnel or a third party.
4 Opportunities and introductions
4.1 During the course of the Startmate Program, many opportunities are likely to present themselves – this is what it is all about! The creation of these opportunities is assisted by the generous support of our corporate sponsors, who provide time, energy, and in some cases, financial assistance. Throughout the Startmate Program you will hear from various entrepreneurs and operators, some of whom will be Coaches.
4.2 We encourage you to make the most of these opportunities and to take the time to meet and speak with the founders, entrepreneurs and operators, and make the most of the access to the Coaches. Please note that our role when it comes to these opportunities is strictly limited to bringing interested parties together. Where you take these relationships and whether and how you engage with people and entities you are introduced through the Startmate Program is up to you and we take no responsibility for this. For example, during the course of the Startmate Program, you may be made certain offers (such offers for employment or internships) by third parties (including sponsors and people acting for those sponsors). Participation or agreement to such offers is not a requirement of the Startmate Program and we are not responsible in any way in connection with this, and you enter into these arrangements at your own risk.
4.3 We make no representations or guarantees as to any person or entity that we introduce you to and you should make your own enquiries and get advice as required, as to whether entering into an arrangement is right for you.
5 Fees and payment
5.1 You agree to pay the fees set out on the Site for the relevant Startmate Program, and by the date specified on the Site (Fees).
5.2 Unless otherwise agreed between the Parties, the Fees must be paid in full before commencement of the Startmate Program.
5.3 You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
6 Code of conduct
6.1 You agree that at all times during your participation in the Startmate Program, you will adhere to the Startmate Code of Conduct.
7 General
7.1 Cancellations: You may decide to stop participating in the Startmate Program at any time. You agree that, to the extent permitted by law, where you make this choice, you will not be entitled to a refund of any part of the Fees, unless the cancellation: (a) is at least 1 week prior to the commencement of the Startmate Program; or (b) we are able to find someone to take your place. You agree that this is fair and reasonable on the basis that where this is the case, the Fees will be sunk costs that we cannot mitigate. All cancellations must be made to us in writing.
7.2 Termination for cause: We may terminate these Terms (and your participation in the Startmate Program) if you are in breach of these Terms, and to the extent that breach can be rectified, the breach is not remedied within 5 days of being notified to you by us. If termination under this clause occurs, you will not be entitled to a refund of any of the Fees and you will cease to have access to any resources or communication channels provided by the Startmate Program.
7.3 Privacy: We collect personal information about you in order to enable you to access and use resources, to contact and communicate with you, to respond to your enquiries, for marketing and market research purposes, to provide the Startmate Program and for other purposes set out in our Privacy Policy. We may disclose that information to third party service providers who help us deliver the Startmate Program (including our sponsors, coaches, portfolio companies, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide the Startmate Program to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia. Our Privacy Policy contains further information about: (a) how we store and use your personal information; (b) how you can access and seek correction of your personal information; (c) how you can make a privacy-related complaint; and (d) our complaint handling process. By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.
7.4 Intellectual property: All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the Startmate Program) will at all times vest, or remain vested, in us (or the relevant third party). You must not, without our prior written consent: (a) copy or use, in whole or in part, any of our intellectual property; (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or (c) breach any intellectual property rights connected with the Startmate Program including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
7.5 Assignment of Intellectual Property: To the extent you have any intellectual property rights in any materials developed, created or modified during the Startmate Program, including but not limited to any events you may participate in or additional services provided to you during your Startmate Program, you hereby assign such intellectual property rights to us and agree to do all acts necessary or desirable to assure our title to such rights. For the avoidance of doubt this does not include intellectual property rights in materials created or developed by you independently of the Startmate Program or prior to the commencement of this Agreement. You consent to us infringing your ‘moral rights’ (as that term is defined in the Copyright Act 1968 (Cth)), including your right to be attributed as an author of such materials.
7.6 Use of Feedback: You agree that we may use feedback in any manner which we see fit (including to improve the delivery of the Startmate Program or to provide it to our start-up partners for their own commercial use) and no benefit will be due to you as a result of any use by us or our start-up partners of any of your feedback.
7.7 Liability and warranties:
Warranties: You represent, warrant and agree: (a) to comply with these Terms, our reasonable requests or requirements, and all applicable Laws; (b) that there are no legal restrictions preventing you from entering into these Terms; (c) that all information and documentation that you provide to us in connection with these Terms is true, correct and complete; (d) that you have not relied on any representations or warranties made by us in relation to the sponsors, Coaches and Startmate Program (including as to whether the Startmate Program is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms; and (e) that any information, advice, material, work and services (including the Startmate Program) provided by us under these Terms does not constitute legal, financial, merger, due diligence or risk management advice.
Exclusions: Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with: (a) your acts or omissions (including reliance on any advice provided as part of the Startmate Program); (b) any use or application of the Startmate Program by a person or entity other than you, or other than as reasonably contemplated by these Terms; (c) any works, services, goods, materials or items which do not form part of the Startmate Program (as expressed in these Terms), or which have not been provided by us (including those parts of the Startmate Program that have been provided by a sponsor or other third party); (d) any Third Party Inputs; and (e) any event outside of our reasonable control.
Limitations: Despite anything to the contrary, to the maximum extent permitted by law: (a) neither party will be liable for Consequential Loss; (b) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other party; and (c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the value of the Fees paid by you to us.
7.8 Statutory rights: Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Startmate Program which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Startmate Program is governed solely by the ACL and these Terms. Subject to your Statutory Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services (including the Startmate Program) are provided to you without warranties, representations and guarantees of any kind, unless expressly stipulated in these Terms. This clause will survive termination or expiry of these Terms.
7.9 Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute), a party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other party to seek (in good faith) to resolve the Dispute. If the parties cannot agree how to resolve the Dispute at that initial meeting, either party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, either party may ask the Law Institute of Victoria to appoint a mediator. The mediator will decide the time, place and rules for mediation. The parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the parties. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
7.10 Governing law: These Terms are governed by the laws of Victoria. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
7.11 Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 2 Business Days in the case of post, or at the time of transmission in the case of transmission by email (or, where the time of transmission is not on a Business Day, 9am on the next Business Day).
7.12 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
7.13 Interpretation and definitions:
Capitalised terms used in these Terms have the following meanings:
Coach means a person identified as such in the Startmate Program, who may be a member of our Personnel or a third-party person (including of a sponsor).
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any person with the authority to bind the relevant party in connection with these Terms or the provision of the Startmate Program.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
Personnel means, in respect of a party, any of its employees, consultants, suppliers, subcontractors or agents.
Privacy Policy means any privacy policy set out on our website (www.startmate.com.au).
Site means our website (www.startmate.com.au).
Startmate Code of Conduct means any code of conduct set out on our website (www.startmate.com.au).
Third Party Input means third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Startmate Program may be contingent on, or impacted by.
For any questions or notices, please contact us at:
Startmate Ops Pty Ltd ABN 11 618 178 957
Email: hello@startmate.com.au
Last update: January 2023
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